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HomeMy Public PortalAbout1977_03_09 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 9, 1977. 179 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on March 9, 1977. The meeting was called to order by the Mayor, with Mr. Cole offering the invocation, and followed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Glen P. Cole, Stanley D. Herrell , Jr. , James A. Rock and C. Terry Titus ; also Assistant to the Manager Jeffrey H. Minor and Town Attorney George M. Martin. Absent were Councilmembers Charles E. Bange and John W. Tolbert, Jr. • Mr. James N. Wilhoit, III addressed Council, seeking approval of a solar heating system in Leesburg. He and Mr. Rudy Brokenleg have purchased property at 29 South Wirt Street and are in the process of renovating it. They would like to incorporate into their plans a solar heating system and wish to apply for a HUD grant for this pur- pose. Plans for this building have already been approved by the Board of Architectural Review and are awaiting approval. by the Plan- ning Commission. Such a system will not be visible from the street side of the house. They have been told that, if they have the ap- proval of the local town council and other local clubs in the County and in the town, they have a good chance of being the recipient of a grant. Also, they feel that they must experiment for the future - they have to look at something other than fossil fuels for heating. Some change will be made in the roof line, however, it will be put back, the collectors for this system will be on the rear side of the house. They will have to go back to the Board of Architectural Review due to this change, but they feel there will be no problem with this. This was discussed by Council members, • with many ques- S tions being asked. All felt that they could go along with the idea, • but- they felt this should be approved by the Board of Architectural Review and the Planning Commission before the Council gives its ap- proval. Mayor Newman felt this should be discussed with all Council members at the next workshop - meantime, Mr. Wilhoit can appear be- fore the Board of Architectural Review on March 21st.- Mayor Newman made the following statement for the record: "At the last regular meeting of this Town Council, I announced that I had received a resignation from Councilman Rock and, at that time, I asked the Council members to be thinking about a replacement for Mr. Rock. I personally have not talked to anNpne about this matter and no-one in Leesburg can come forward and say that I have. This matter will be discussed by this Council if and when this resigna- tion takes effect and not before then. " Mr. Herrell read excerpts from an article appearing in the Loud- oun Times-Mirror under the heading "Three announced for Council post. " He had the following comments : " I would take from this and the editorial which is along the same lines that the paper is saying that I have talked with Mr. Boyd and asked him to serve on the Town Council. Well , it' s a damn lie - I have never, talked to Mr. Boyd and asked him about serving on the Town Council.- I have only spoken to the man four times in the few years I've known him. At no time have I asked him about serving on the Town Council and so, obviously, Mr. Pope got his information (he called me several days ago and he asked me if I knew about the people being asked to serve on the Town Council . I said No, I had only heard about- them on the radio. ) . Probably then he knew that Mr. Boyd, if Mr. Boyd d' joke this state- ment - and I have talked to Mr. Boyd today - I weht7o the horse' s mouth - I called Jim Pope and I asked him if the statement he made in the paper was true as he knew it and he• said 'Yes' I called Mr. Boyd and caught him at his office and I asked Mr. Boyd if the state- ment was true and Mr. Boyd said 'No.' I asked Mr. Boyd - Have I ever asked you about serving on the Town Council and he said No.' And he said 'I will call Mr. Pope.' Well, when he called Mr. Pope fifteen minutes later, Mr. Pope had left for the day. He called me back and told me that he did not get Mr. Pope, that Mr. Pope had' left and he would try to get him tomorrow morning. Now, I don' t like being called a liar - I don' t like it to my face and I especially don' t like it in the press. When people call me a liar to my face, I'm able to stand there and take issue with them. I certainly take issue with Mr. Pope because he' s obviously called me a liar and I'm telling him that somebody else is the liar and it' s not me. " 180 MINUTES OF MARCH 9, 1977 MEETING. Mr. Titus said perhaps the air could be cleared if Mr. Rock would stay on. Mayor Newman echoed these sentiments. Resolution setting rates for tie-downs at Leesburg Municipal Airport. On motion of Mayor Newman, . seconded by Mr. Cole, a resolution setting rates for tie-downs at the Airport was proposed. After rather lengthy discussion, the resolution was withdrawn by the makers_ and was referred back to Council workshop, with Mr. Minor being instructed to work up figures similar to those recommended in. a memo to Mr. Martin from Mr. Niccolls. 77-30 - Resolution - Making appropriations for the fiscal year ending June 30, 1977. On motion of Mr. Cole, seconded by Mayor Newman (for purposes of discussion) , the following resolution was proposed: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows: The following appropriations are made for the fiscal year ending June 30, 1977 : Account No. and Name Appropriation 30000. 204 Administrative and Miscellaneous $ 500. 00 30000. 211 Electricity 1 , 500.00 30000. 212 Telephone 250.00 30000. 214 Repairs and Maintenance 5, 000. 00 30000. 221 Insurance 3, 000. 00 On motion of Mr. Titus, seconded by Mr. Herrell , Council voted unani- mously to amend the second paragraph to read: "The following appro- priations are mads from the Airport Fund for the fiscal, year ending: June. 30, 1977 : . " Aye: Councilmembers Cole, Herrell , Rock, Titus and Mayor Newman. Nay: None. The resolution, as amended, was then unaninously adopted: Aye: Councilmembers Cole, Herrell , Rock, Titus and Mayor Newman. Nay: None. Resolution authorizing the purchase of one police patrol vehicle and making an appropriation. On motion of Mr. Cole, seconded by Mr. Herrell, a resolution authorizing the purchase of a police patrol vehicle was proposed. Mr. Rock felt that the amount to be appropriated for this vehicle could better be used toward the purchase price of the Harrison Street property at 'this time. Mr. Titus felt that the car is obviously needed, however, he felt it could be deferred if this amount is used for the Harrison Street purchase. He, also suggested that the $12, 000 bud- geted for a zoning inspector might be deleted for the remainder of this fiscal .year. There are other items that might also be delayed to help make up thepurchase price of Harrison. Street. - we need a realignment of priorities. Chief. Kidwell said he would be willing to go along with this if other departments are willing to defer items also. The resolution was then unanimously defeated: • Aye: None. Nay: Councilmembers Cole, Herrell , Rock, Titus and Mayor Newman. I 8 1 MINUTES OF MARCH 9, 1977 MEETING. 77-31 - Resolution - Granting Village Square Antiques & Flea Market permission to hold antique shows in Leesburg on Sunday, June 5 and Sunday, October 2, 1977. On motion of Mr. Herrell, seconded by Mr. Cole, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia,. as follows : SECTION I. Village Square Antiques. & Flea Market is granted permission to hold antique shows on the streets of Downtown Leesburg on Sunday, June 5, 1977 and Sunday, October 2, 1977 in the following locations : King Street West side from Loudoun Street to Cornwall Street; Loudoun Street North side from Wirt Street to Church Street; Market Street South side from King Street to Theater; and Upper part of parking lot surrounding the Log Cabin. SECTION II. Ten percent of rental fees derived from said antique shows shall be given to the Loudoun Restoration and Preservation Society, Inc. SECTION III. Village Square Antiques & Flea Market shall show proof of liability coverage in the amount of $500, 000, with the Town of Leesburg named as additional insured, said endorsement to be provided to the Town one week prior to the shows. SECTION IV. Vendors ' license shall be waived for all ex- ' hibitors for the above dates. Mr. Titus said he would vote against this resolution because he does not agree with private use of the public streets. Mrs. Evalyne Rey- nolds, member of the Downtown Business Association, disagreed that these shows are private use - they are sponsored by the Restoration Society for the restoration of the log cabin, which is a public use. Although only ten. percent of the revenue comes to the Restoration Society, she did not feel that $500 is to be "sneezed at. " The resolution was adopted by a roll call vote of 3. to 2 : Aye: Councilmembers Cole, Herrell and Mayor Newman. Nay: Councilmembers Rock and Titus. - 77-32 - Resolution - Accepting an LEAA Grant from the State Division of Justice and Crime Prevention entitled -Im- provement of Detection and Apprehension of Criminals" On motion of Mr. Cole, seconded by Mr. Rock, the following resolution was proposed: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. That State Division of Justice and Crime Pre- vention Grant No. 76-A3826 entitled "Improvement of Detec- tion and Apprehension of Criminals" in the amount of $10556 is accepted. • SECTION II. That the Town Manager is authorized and directed to sign the "Special Conditions for Action Grant Awards" evi- dencing acceptance of the said Grant Award. Mr. Minor explained that this would be funded for three years. The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell, Rock, Titus and Mayor Newman. Nay: None. 182 MINUTES OF MARCH 9, 1977 MEETING. 77-33 - Resolution - Accepting Deed of Easement from John H. Ours , Trustee, for storm drainage system. On motion of Mr. Titus, seconded by Mr. Rock, the following reso- lution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Deed of Easement made the 18th day of February, 1977 , by and between John H. Ours, Trustee, and the Town of Leesburg, for the construction, reconstruction, maintenance, replace- ment or repair, use and inspection of a storm drain or storm sewer, including necessary appurtenances, of such character and sufficient size within the limit of said easement as to provide a proper and adequate outlet over, across, through and under the land of the Grantor for a storm drainage system established by the Town, is hereby accepted and the Mayor is hereby authorized to acknowledge the same on behalf of the Town. Mr. Titus said Mr. Ours ' main reason for giving this land is to es- tablish a recreation area for the children. The resolution was unani- mously adopted: Aye: Councilmembers Cole, Herrell , Rock, Titus and Mayor Newman. Nay: None. 77-34 - Resolution - Commenting on the proposed. rezoning of the Crickenberger tract. On motion of Mr. Rock, seconded by Mr. Cole, the following reso- lution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : ;. SECTION I. The proposed rezoning of the Crickenberger tract from A-3 to R-2 as described in County of Loudoun Zoning Map Amendment Petition dated January 5, 1977 is not opposed. SECTION II. However, water and sewer service from the town is not available to land outside the town. SECTION III. The Manager is authorized and directed to trans- mit a copy of this resolution to the County of Loudoun Plan- ning Department as this Council ' s response to the proposed rezoning request. , Mr. Beckham Dickerson, representing the contract purchaser of this property, was present. He did not agree with the resolution and stated that, if there is a water pressure problem, his client would make available mountain land to alleviate the problem of pressure. However, he was advised that there are very serious dif- ficulties with the water supply at this time. The resolution was adopted by a vote of 4 to 1 : Aye: Councilmembers Cole, Herrell , Rock and Mayor Newman. Nay: Councilmember Titus. 77-35 - Resolution - Authorizing the CountyAttorney to enforce health violations within the Town. On motion of Mr. Titus, seconded by Mr. Cole, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows :. • The Loudoun County Attorney' s Office is hereby empowered. to act as Attorney for the Town in the enforcement of all health violations of the Town Code upon the request of the Town Manager. 183 MINUTES OF MARCH 9, 1977 MEETING. Town Attorney Martin said he does not prosecute Town offenses - if 'he did, neither he nor his partners could represent a client in such a case. Also, it is a matter of economics - it would cost the Town more, and he felt that all criminal violations should be handled by the Commonwealth Attorney' s office. The resolution was unani- mously adopted: - Aye: Councilmembers Cole, Herrell , Rock, Titus and Mayor Newman. Nay: None. 77-36 - Resolution - Authorizing a contract to repave portions of Edwards Ferry Road and Harrison Street and making an appropriation. On motion of Mr. Herrell , seconded by Mr. Cole, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Manager is authorized and directed to enter into a contract with Tri-County Asphalt for the supply and T. installation of asphalt at a cost not to exceed $5, 600.00. leg SECTION II. - An appropriation is hereby made for the fiscal year ending June 30, 1977 to Account No. 50000. 801, Water s Transmission Line, in the amount of $5, 600. 00. It was explained that this amount will be taken from monies owed the contractor. Both Mr. Titus and Mr. Rock had a question as to the town' s chances for recovery under the bond if such became neces- sary. Town Attorney Martin said this could not be done since the town would already have this amount. The resolution was unanimously adopted: ' Aye: Councilmembers Cole, Herrell, Rock, Titus and Mayor Newman. Nay: None. Resolution making appropriation for South Harrison Street purchase. On motion of Mayor Newman, seconded by Mr: Herrell,- a resolu- tion making an appropriation of $60, 000 and authorizing a loan from the Utility Fund to the General Fund for- the purchase of South Har- rison Street was proposed and defeated by a roll call vote of 3 to 2, a majority vote of all council members being needed for an appropria- tion. It was , therefore, decided that this would go back to the workshop, along with a complete review of the Budget in order to find funds for this purchase. • 77-37 - Resolution - Making appropriation for 1976-77. - On motion of Mr. Titus, seconded by Mr. Rock, the following reso- lution was proposed and unanimously adopted: • BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia as follows : That the following appropriation is made for the fiscal year ending June 30,- 1977 : $1,000. 00 Account No. 14020. 205 Unallocated - Postage Aye: Councilmembers Cole, Herrell , Rock, Titus and Mayor Newman. Nay: None. Assistant to the Manager Jeffrey Minor commented that the selec- tion process for a Code Compliance Officer has gone to the point of talking to some of the applicants twice - it has proceeded to about 13 candidates from about 80 applicants. He wondered if any delay might be moved forward to May or June 1st, or some specific time - they have talked to these applicants in good faith. It was decided that this would be discussed by Council. 184 MINUTES OF MARCH 9, 1977 MEETING. Town Attorney George Martin said that, with relation to nego- tiations with C & F Aviation and other applicants for the interim operation of the Airport, there are several things to be considered. The relationship of a "principal agent" would be that of the town employing a manager on a salary basis , with the town paying for everything. Under a "lease" - there could be no lease until the State Corporation Commission approves it and it is quite probable that the Federal Aviation Agency would also have to approve it - this could be time consuming. He asked that Council give him some direction on this. It was felt that this could not be resolved to- night and that it would be wise to meet with Mr. " Curry and Mr. Fowler, along with their attorney. Former Mayor Dewey Hill . addressed Council concerning a summons he had received to appear in Court. He has been out of office for six months or more. now and he wondered how long the statutes run. He felt that, as ex-mayors or councilmen, they could continually be involved in decisions that were made honorably after due thought for the benefit of the, town. . He hoped that,.Council , through the Virginia Municipal League, might be able to secure some"cloak of protection. " Perhaps this might help to attract competent persons to serve on the Council. . Mayor Newman commented that his point is well taken - it is not very pleasant to see yourname in the paper after having been opt pf office for 8 to 9 months. Mr. Hill felt that some considera- tion should be given for his nine years of service on the Council. Mr. Rock felt that this is"a sign of the times. " With further attention to Airport matters , it was suggested by Mr. Martin that Council ask for some advice from the Town Manager as to what would be the minimum to operate the airport, can the town operate it and is it possible to close it down while improvements are made? He also suggested that Mr. Crenshaw be called in for ad- vice. He felt that this matter has not been explored in depth. Mayor Newman was certainly not anxious to rush into something and then have regrets. Mr. Titus asked that Mr. Wallace and Mr. Lowry be advised also. Mayor Newman asked that these people be contacted and asked to meet with Council at its workshop meeting on March 16th. Mayor Newman asked that copies of the Grievance Committee pro- cedures be distributed to new employees of the town who have not re- ceived them. Mr. Titus said he has received several phone calls concerning the location of a,_?group home" on South King Street. He was not clear as to w Board of Supervisors will take, nor what the time frame ofthction might be. Mr. Martin said he understood the Board has found a place out on Route 15. Mr. Titus said he had also received calls concerning the lack of directional signs on South King Street and Church Street where storm drainage construction is underway. ' He also called attention to work- men on the. job "playing in the middle. of the street" this afternoon - he felt there should be some supervision of these workmen. It was felt that Hercules Construction Co. should be given a warning. Mayor Newman felt that both of the contractors should ,be monitored• once in a while. 77-38 - Resolution - Deleting appropriation for Code Enforcement Offi- cer for 1976-77. On motion of Mr. Titus , seconded by Mr. Herrell, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation in the amount of $8, 200. 00_ for Budget Account No. 6010. 104 for "Code Enforcement Officer" is deleted for the fiscal year 1977. Aye: Councilmembers Cole, Herrell , Rock, Titus and Mayor Newman. Nay: None. 185. MINUTES OF MARCH 9, 1977 MEETING. 77-39 - Resolution - Appointing Acting Town Manager. ' Mr. Rock was concerned that there is legally' no Town Manager without some Charter or Personnel Manual provision, although Mr. Minor has been appointed Acting Town Manager by Mr. Nicholls in his absence. It was felt that possibly' there should be some Char- ter provision for this. On motion' of Mr. Titus; seconded' by Mr. Rock, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Jeffrey H. Minor is appointed Acting Town Manager, effective March 5, 1977 through March 13, 1977. Aye: Councilmembers Cole, Herrell, Rock, Titus and Mayor Newman. Nay: None. 77-40 - Resolution - Authorizing condemnation of storm drainage easement, First Virginia Bank. On motion of Mayor Newman, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted:. WHEREAS, the council has contracted for the construction of a storm drainage system in the Town of Leesburg in order to 1'' alleviate the flooding and resulting damage to prbperties —' affected thereby; and WHEREAS, it is necessary to construct a portion of the storm drainage system across the lands of the First Virginia Bank, located' in the Town of Leesburg; and 1F� WHEREAS, a bona fide, but ineffectual effort, has been made- to acquire the easement- by purchase from the owner; and 'Y WHEREAS, a public necessity exists for acquisition of the easement and entry upon the said property after filing of the petition and prior to determination of the award of just compensation; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : George M. Martin, Town Attorney be and he is hereby author- ized to file a petition for condemnation of the required easement and right of' early entry for the purpose of con- struction of the storm drainage system and' the costs for such suit shall be paid fron the previous appropriations for said 'storm drainage construction. Aye': Councilmembers Cole, Herrell, Rock, Titus and Mayor Newman. Nay: None. There being no further business, on motion of Mr. Rock, seconded by Mr. Cole, the meeting was adjourned at 9 : 17 P.M. n,4 .yor C erk 'f the ouncil